Ann D. Lawrence appeals from the denial of her petition for a writ of mandamus directed to the Birmingham Board of Education. In that petition, she sought a determination by the circuit court that the Board's decision to terminate her employment was not in compliance with Ala. Code 1975, § 16-24-9, a part of the Alabama Teacher Tenure Act. Section 16-24-9 governs the procedure for canceling the contract of a tenured teacher.

During the 1990-91 school year, Ms. Lawrence served as a substitute teacher. In August 1991, she signed a contract and then taught for the school years 1991-92, 1992-93, and 1993-94. She received a notice of nonrenewal, before the school year ended on May 27, 1994.

In order to attain continuing service status (tenure), a teacher in the public schools "shall have served under contract as a teacher . . . for three consecutive school years and shall thereafter be reemployed . . . the succeeding school year." Ala. Code 1975, § 16-24-2. Ms. Lawrence claims that although she did not serve "under contract" during the time that she was employed as a substitute teacher, she should have had that time counted toward the acquisition of tenure because (1) she was a certified teacher; (2) she was paid the same salary as a beginning teacher under contract; and (3) she was a long-term substitute teacher who was present for the whole school term and who performed all the duties of a regular teacher under contract.

The circuit court held that Ms. Lawrence's time as a substitute teacher did not apply toward the acquisition of tenure, that she was not a tenured teacher, and that she was not, therefore, entitled to the procedural rights outlined in § 16-24-9. We agree.

The trial court entered the following findings of fact and Conclusions of law:

"Findings of Fact

"1. Lawrence was hired as a substitute teacher at Huffman High School during the 1990-91 school year. She did not have a contract with the Board, but rather served as a substitute teacher for two other teachers.

"2. Lawrence was hired as a regular full-time chemistry teacher for the years 1991-92, 1992-93, and 1993-94. She was a probationary teacher during this period.

"3. On May 26, 1994 Lawrence was notified by the superintendent that her contract as a teacher would not be renewed for the 1994-95 school year. Her last date of employment with the Board of Education was May 27, 1994.

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